Justia Drugs & Biotech Opinion Summaries

Articles Posted in Arkansas Supreme Court
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The Supreme Court dismissed this interlocutory appeal brought by the State challenging a sanctions order entered by the circuit court pursuant to Ark. R. Civ. P. 37, holding that this Court lacked appellate jurisdiction over the appeal.The Arkansas Attorney General brought this action in the name of the State against several pharmaceutical companies in connection with Defendants' role in the ongoing opioid epidemic. During the proceedings, the circuit court found that the Attorney General had not provided complete and specific discovery responses, in violation of the court's discovery orders, and then entered an order sanctioning the Attorney General. The Attorney General appealed. The Supreme Court dismissed the appeal, holding that the sanctions order was not a final or otherwise appealable order under Ark. R. App. P.-Civ. 2(a)(4). View "State ex rel. Rutledge v. Purdue Pharma L.P." on Justia Law

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The Supreme Court affirmed in part and reversed in part the order of the circuit court requiring the Arkansas Department of Correction (ADC) to provide Plaintiff, an Arkansas resident and attorney, with the pharmaceutical package inserts and labels for its supply of potassium chloride, one of the drugs in the State’s execution protocol. In so ordering, the circuit court held that the General Assembly did not intend to protect the identity of manufacturers of drugs used in the ADC’s lethal-injection protocol. On appeal, the Supreme Court held (1) the circuit court correctly found that the identity of drug manufacturers is not protected under the confidentiality provisions of Ark. Code Ann. 5-4-617; but (2) the ADC is still required to redact certain information such as lot, batch, and/or control numbers that could lead to the identification of other sellers and suppliers in the chain of distribution. View "Arkansas Department of Correction v. Shults" on Justia Law

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The Supreme Court affirmed in part and reversed in part the order of the circuit court requiring the Arkansas Department of Correction (ADC) to provide Plaintiff, an Arkansas resident and attorney, with the pharmaceutical package inserts and labels for its supply of potassium chloride, one of the drugs in the State’s execution protocol. In so ordering, the circuit court held that the General Assembly did not intend to protect the identity of manufacturers of drugs used in the ADC’s lethal-injection protocol. On appeal, the Supreme Court held (1) the circuit court correctly found that the identity of drug manufacturers is not protected under the confidentiality provisions of Ark. Code Ann. 5-4-617; but (2) the ADC is still required to redact certain information such as lot, batch, and/or control numbers that could lead to the identification of other sellers and suppliers in the chain of distribution. View "Arkansas Department of Correction v. Shults" on Justia Law